When an employee’s behavior or performance falls short of expectations, employers may issue a written warning as part of a progressive discipline policy. This document serves as a formal notice to the employee, outlining the specific issues and consequences if improvement is not made. To ensure effectiveness, several key steps and considerations should be followed when writing a written warning.
Key Facts
- Document verbal warnings first: Keep a record of any verbal warnings or disciplinary measures given to the employee. This documentation can be valuable in case of a wrongful termination lawsuit.
- Determine the tone: Understand your intentions for writing the warning. Are you aiming to improve the employee’s behavior or laying the groundwork for termination? Clarify your objectives before proceeding.
- Consult with a manager: Discuss the situation with other managers to gain useful insights. Decide who will write the warning and who will deliver it. The direct supervisor should be responsible for delivering the document.
- Include formalities: Treat the warning as a legal document by using formal guidelines. Include the subject, date, time, your name and job title, the employee’s name and job title, and the names of any recipients of the memo.
- State company policy: If your company has an employee handbook, copy the relevant policy or policies that the employee violated and include them in the warning letter. If there is no handbook, briefly summarize the company’s policy related to the incident.
- Describe the incident: Provide a detailed account of the incident, including the date, time, what happened, and the names of the people involved. Stick to the facts and avoid personal subjectivity.
- State expectations: Clearly outline what changes you expect from the employee and specify the timeframe for improvement.
- Outline consequences: Describe the actions that will result from further incorrect behavior. Be specific to avoid misinterpretation in case of termination.
- Obtain signatures: Ensure that the warning is signed by the person giving the warning, the employee receiving the warning, and any witnesses present during the meeting. If the employee refuses to sign, ask for a letter stating their refusal.
- Deliver the warning in person: Handle the written warning discreetly by having an in-person conversation with the employee. Do not leave the warning on a desk or send it via email.
Document Verbal Warnings
Prior to issuing a written warning, employers should maintain a record of any verbal warnings or disciplinary measures given to the employee. This documentation provides a history of the employee’s performance and can be valuable in the event of a wrongful termination lawsuit.
Determine the Tone and Purpose
Before writing the warning, employers should clarify their intentions. Is the goal to improve the employee’s behavior or to lay the groundwork for termination? Understanding the purpose of the warning will guide the tone and content of the document.
Consult with Management
To gain diverse perspectives and insights, employers should discuss the situation with other managers. This consultation can help determine who will write the warning and who will deliver it. Typically, the employee’s direct supervisor is responsible for delivering the document.
Use Formal Guidelines
As a legal document, the written warning should adhere to formal guidelines. This includes including the subject, date, time, the names and job titles of the involved parties, and the names of any recipients of the memo.
State Company Policy
If the company has an employee handbook, the relevant policy or policies that the employee violated should be included in the warning letter. If there is no handbook, a brief summary of the company’s policy related to the incident should be provided.
Describe the Incident
The warning should provide a detailed account of the incident, including the date, time, what happened, and the names of the people involved. It is important to stick to the facts and avoid personal subjectivity.
State Expectations
The warning should clearly outline the changes expected from the employee and specify a timeframe for improvement. This helps the employee understand what is required to rectify the situation.
Outline Consequences
The warning should also describe the actions that will result from further incorrect behavior. This should be specific to avoid misinterpretation in case of termination.
Obtain Signatures
To ensure accountability, the warning should be signed by the person giving the warning, the employee receiving the warning, and any witnesses present during the meeting. If the employee refuses to sign, a letter stating their refusal should be requested.
Deliver the Warning in Person
The written warning should be handled discreetly by having an in-person conversation with the employee. Leaving the warning on a desk or sending it via email is not appropriate.
Conclusion
By following these steps and considerations, employers can effectively issue written warnings to employees. This formal documentation serves as a means to address performance or behavioral issues, promote improvement, and maintain a productive work environment.
References
- https://www.hibob.com/blog/employee-written-warning-examples/
- https://aghlc.com/resources/articles/2016/writing-an-employee-warning-160906.aspx
- https://ogletree.com/insights-resources/blog-posts/the-dos-and-donts-of-written-warnings-what-employers-need-to-know/
FAQs
What is the purpose of a written warning?
A written warning is a formal notice to an employee outlining specific issues with their performance or behavior. It serves as a record of the incident and provides an opportunity for improvement before further disciplinary action is taken.
When should a written warning be issued?
A written warning should be issued when an employee’s behavior or performance falls short of expectations and verbal warnings have not been effective in addressing the issue.
What should be included in a written warning?
A written warning should include the date, time, and subject of the warning, the names and job titles of the involved parties, a detailed description of the incident, a statement of the company’s policy or expectation that was violated, a clear outline of the expected improvements and timeframe, and the consequences of further misconduct.
Who should deliver the written warning?
Typically, the employee’s direct supervisor is responsible for delivering the written warning. This should be done in person and in a private setting.
What should an employee do after receiving a written warning?
After receiving a written warning, the employee should carefully review the document and discuss it with their supervisor. They should take steps to address the issues outlined in the warning and work towards improving their performance or behavior.
Can an employee appeal a written warning?
In some cases, employees may have the right to appeal a written warning. The specific process for doing so may vary depending on the company’s policies and procedures.
How long does a written warning stay on an employee’s record?
The length of time a written warning remains on an employee’s record varies depending on the company’s policies. It is important to check the company’s employee handbook or consult with HR for specific information.
What are the potential consequences of receiving multiple written warnings?
Receiving multiple written warnings may lead to more serious disciplinary action, up to and including termination of employment. It is important to take written warnings seriously and address the issues outlined in them promptly.